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CALO v. WAL-MART STORES, INC.

305 A.D.2d 351 (2003)

757 N.Y.S.2d 893

FLORENCE CALO et al., Plaintiffs, v. WAL-MART STORES, INC., Respondent, and PROPERTY MAINTENANCE, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 5, 2003.

Ordered that the order dated December 4, 2001, is reversed, on the law, with costs, the motion for leave to reargue is denied, and the order dated September 4, 2001, is reinstated.

The defendant Wal-Mart Stores, Inc. (hereinafter Wal-Mart), failed to demonstrate that the Supreme Court misapprehended any of the relevant facts that were before it or misapplied any controlling principle of law (see McNamara v Rockland County Patrolmen's Benevolent Assn.,

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